Emergency Planning and Community Right-to-Know Act (Non-Section 313) Regulations and Amendments
Title III of the Superfund Amendments and Reauthorization Act (SARA Title III) was signed into law by Congress on October 17, 1986. SARA Title III is commonly known as the Emergency Planning and Community Right-To-Know Act (EPCRA). This Act revised and extended the authorities established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which is commonly known as “Superfund.” EPCRA established authorities for emergency planning and preparedness requirements and community right-to-know reporting. This page provides links to the current regulations and statutes, a table to help identify the regulation and United States Code (U.S.C.) section for each EPCRA section, and a chronological history of the EPCRA (non-section 313) regulations and amendments.
For information on EPCRA Section 313, see EPCRA Section 313, Toxics Release Inventory Laws and Regulatory Activities.
In addition, amendments to CERCLA Table 302.4 - List of Hazardous Substances and Reportable Quantities affects EPCRA section 304 emergency release reporting requirements. See Reportable Quantities Federal Register Notices.
On this page:
- EPCRA Regulations and Statute
- Table of EPCRA Sections, Regulation Citations, and Statute References
- Ongoing Rulemakings
- EPCRA Rulemakings (Non-Section 313 Focused)
- Congressional Acts (EPCRA Non-Section 313)
- Presidential Executive Orders (EPCRA Non-Section 313)
EPCRA Regulations and Statute
Read the full text of EPCRA Regulations [40 Code of Federal Regulations (CFR) 350-372]
Read the full text of the EPCRA Statute [42 U.S.C. Chapter 116]
Table of EPCRA Sections, Regulatory Citations, and Statutory References
| EPCRA Section Number | Statutory Title | 40 CFR Citation | USC Section Number |
|---|---|---|---|
| Subtitle A – Emergency Planning and Community Right-to-Know | |||
| Subtitle B – Emergency Planning and Notification | |||
| Subtitle C – General Provisions | |||
| Section 301 | Establishment of State commissions, planning districts, and local committees | - | § 11001 |
| Section 302 | Substances and facilities covered and notification | § 355.10 | § 11002 |
| Section 303 | Comprehensive emergency response plans | - | § 11003 |
| Section 304 | Emergency release notification | § 355.30 | § 11004 |
| Section 305 | Emergency training and review of emergency systems | - | § 11005 |
| Section 311 | Material safety data sheets [Current name: Safety Data Sheets] | Part 370 | § 11021 |
| Section 312 | Emergency and hazardous chemical inventory forms | Part 370 | § 11022 |
| Section 313 | Toxic chemical release forms [Toxics Release Inventory] | Part 372 | § 11023 |
| Section 321 | Relationship to other laws | - | § 11041 |
| Section 322 | Trade secrets | Part 350 | § 11042 |
| Section 323 | Provision of information to health professionals, doctors, and nurses | Part 350 | § 11043 |
| Section 324 | Public Availability of Plans, Data Sheets, Forms, and Follow-up Notices | - | § 11044 |
| Section 325 | Enforcement | - | § 11045 |
| Section 326 | Civil actions | - | § 11046 |
| Section 327 | Exemption | - | § 11047 |
| Section 328 | Regulations | - | § 11048 |
| Section 329 | Definitions | - | § 11049 |
| - | Authorization to appropriate | - | § 11050 |
Ongoing Rulemakings
Amendments to EPCRA Hazardous Chemical Inventory Reporting on Hazard Categories and MSDS/SDS Terminology
EPA is preparing a regulatory amendment for EPCRA sections 311 and 312. This action will modify the hazard categories and adjust the use of terminology within 40 CFR part 370 to conform with the 2012 and 2024 amendments to the Occupational Safety and Health Administration Hazard Communication Standard [77 FR 17574; March 26, 2012 and 89 FR 44144; May 20, 2024] which conform to the United Nations Harmonized System of Classification and Labelling of Chemicals. The hazard categories will be adjusted to conform with the Hazard Communication Standard 2024. The use of the term Material Safety Data Sheet will be replaced with the term Safety Data Sheet to conform with the 2012 Hazard Communication Standard. The Agency also intends to make minor plain language, clarifying, and consistency corrections.
EPCRA Rulemakings (Non-Section 313 Focused)
| Action Title | Action Type | EPCRA Section(s) | 40 CFR Part(s) | Date | Topic(s) | Citation and File | Fact Sheets and Guidance (if applicable) |
|---|---|---|---|---|---|---|---|
| Change of Submissions for CERCLA Section 103 Continuous Release Reports to the appropriate EPA Headquarters Office | Final rule | 304 | 304 and 355 | November 12, 2021 | Modified the submission location of continuous release reports to be the EPA Headquarters office. | 86 Federal Register (FR) 62736 | |
| Emergency Planning and Community Right-to-Know Regulations: Trade Secrecy Claims and Emergency Planning Notification | Final rule; technical amendment | 322 | 350 and 355 | July 24, 2020 | Removed outdated substantiation form for trade secrecy claims. Provided clarification in 355.41 for the emergency release notification reporting. | 85 FR 44770 | |
| Amendment to Emergency Release Notification Regulations on Reporting Exemption for Air Emissions From Animal Waste at Farms; Emergency Planning and Community Right-to-Know Act | Final Rule; * Remanded without vacatur by DC District Court February 14, 2022 | 302 and 304 | 355 | June 13, 2019 | Added a reporting exemption for air emissions from animal waste at farms. And added definitions of ‘‘animal waste’’ and ‘‘farm’’ to the EPCRA regulations to delineate the scope of this reporting exemption. | 84 FR 27533 | Website |
| Hazardous Chemical Reporting: Community Right-to-Know; Revisions to Hazard Categories and Minor Corrections; Correction | Final rule; technical amendment, correction | 311 and 312 | 370 | July 21, 2016 | Amended June 13, 2016; 81 FR 38104; that document inadvertently omitted the hazard ‘‘serious eye damage or eye irritation’’ in § 370.66 under the definition of ‘‘health hazard’’. This action corrected that definition. | 81 FR 47311 | Fact Sheet |
| Hazardous Chemical Reporting: Community Right-to-Know; Revisions to Hazard Categories and Minor Corrections | Final rule; technical amendment | 311 and 312 | 350 and 355 | June 13, 2016 | Hazard categories for reporting under EPCRA Sections 311 and 312 in response to the Occupational Health and Safety Administration (OSHA) Hazard Communication Standard adopting the United Nations Globally Harmonization System of Classification of Labeling Chemicals | 81 FR 38104 | |
| Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) | Final rule | 311 and 312 | 370 | July 13, 2012 | Revisions to EPCRA Tier I and II forms | 77 FR 41300 | Fact Sheet |
| Emergency Planning and Notification; Emergency Planning and List of Extremely Hazardous Substances and Threshold Planning Quantities | Final rule | 302 | 355 | March 22, 2012 | Revised the manner for applying threshold planning quantities for Extremely Hazardous Substances that are non-reactive solid chemicals in solution | 77 FR 16679 | Fact Sheet |
| Hazardous Chemical Reporting; Tier II Inventory Information | Final rule | 312 | 370 | March 26, 2009 | Technical correction to 73 FR 65452, to the regulatory text in Hazardous Chemical Reporting, specifically in the Tier II inventory information section | 74 FR 13124 | |
| Emergency Planning and Community Right-to-Know Act; Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting | Final rule | 302, 304, 311, and 312 | 355 and 370 | November 3, 2008 | Emergency Planning Notification, Emergency Release Notification and Hazardous Chemical Reporting regulations. Clarification on how to report hazardous chemicals in mixtures, and changes to Tier I and II forms. | 73 FR 65452 | Fact Sheet |
| Reportable Quantity Adjustment for Isophorone Diisocyanate | Final rule | 301, 302, and 303 | 3355 and 370 | September 11, 2006 | Adjusted the reportable quantity for Isophorone Diisocyanate to 500 pounds. | 71 FR 53331 | |
| Emergency Planning and Community Right-to-Know Act; Extremely Hazardous Substances List; Deletion of Phosmet | Final rule | 301, 302, and 303 | 355 | November 26, 2004 | Deletion of phosmet from the list of Extremely Hazardous Substances | 69 FR 68809 | |
| Emergency Planning and Community Right-to-Know Act; Extremely Hazardous Substances List; Modification of Threshold Planning Quantity for Isophorone Diisocyanate | Final rule | 301, 302, and 303 | 355 | September 8, 2003 | Amended the list of Extremely Hazardous Substances by changing the threshold planning quantity for isophorone diisocyanate (IPDI) from 100 pounds to 500 pounds | 68 FR 52978 | |
| Emergency Planning and Community Right-to-Know Programs; Amendments to Hazardous Chemical Reporting Thresholds for Gasoline and Diesel Fuel at Retail Gas Stations | Final rule | 9 and 370 | 311 and 312 | February 11, 1999 | Raised the thresholds for chemical inventory reporting for gasoline and diesel fuel stored entirely underground at retail gas stations that comply with requirements for underground storage tanks | 64 FR 7032 | |
| Extremely Hazardous Substances | Final rule | 301, 302, and 303 | 355 | May 7, 1996 | Raised the statutory Reportable Quantities for 202 Extremely Hazardous Substances and removes four chemicals (phosphorus pentoxide, diethylcarbamazine citrate, fenitrothion, and tellurium) from the Extremely Hazardous Substances list | 61 FR 20473 | |
| Community Right-to-Know Reporting Requirements | Final rule | 311 and 312 | 350, 355, 370, and 372 | July 26, 1990 | Reporting requirements | 55 FR 30632 | |
| Reporting Continuous Releases of Hazardous Substances | Final rule | 304 | 302 and 355 | July 24, 1990 | Designation, Reportable Quantities, and Notification | 55 FR 30166 | |
| Extremely Hazardous Substance List | Final rule | 311 and 312 | 355 | February 15, 1990 | Deletion of 6 substances from the Extremely Hazardous Substances list | 55 FR 5544 | |
| Extremely Hazardous Substances List | Final rule | 302 | 355 | February 25, 1988 | Deletion of 36 substances from the Extremely Hazardous Substances list | 53 FR 5574 | |
| Extremely Hazardous Substances List | Final rule | 302 | 355 | December 17, 1987 | Deletion of bacitracin and 3 substances from the Extremely Hazardous Substances list | 52 FR 48072 and 52 FR 48073 | |
| Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know Reporting | Final rule | 311 and 312 | 370 | October 15, 1987 | Revised Tier I and II forms and updated reporting requirements | 52 FR 38344 | |
| Extremely Hazardous Substances List and Threshold Planning Quantities; Emergency Planning and Release Notification Requirements | Final rule | 302 | 300 and 355 | April 22, 1987 | Extremely Hazardous Substances list of chemicals and threshold planning quantities; Emergency planning and release notification requirements | 52 FR 13378 | |
| Emergency Planning and Community Right to Know Programs | Interim final rule | 302 | 300 | November 17, 1986 | Extremely Hazardous Substances list of chemicals and threshold planning quantities; Emergency planning and release notification requirements | 51 FR 41570 |
Congressional Acts (EPCRA Non-Section 313)
| Action Title | Action Type | EPCRA Section(s) | 40 CFR Part(s) | Date | Topic(s) | Citation and File | Fact Sheets and Guidance |
|---|---|---|---|---|---|---|---|
| America’s Water Infrastructure Act (AWIA) Section 2018. Source Water | Final Public Law | 302, 304, 311, and 312 | 304 and 312 | October 23, 2018 | Emergency release notification and hazardous chemical inventory provisions | Public Law (P.L.) 115-270 | |
| Superfund Amendments and Reauthorization Act of 1986 | All | P.L. 99-499; October 17, 1986, 100 Stat. 1613 – 1782 |
Presidential Executive Orders (EPCRA Non-Section 313)
| Action Title | Order Number and Date | Notes |
|---|---|---|
| Efficient Federal Operations | E.O. 13834; May 17, 2018 | See also Frequent Question |
| Planning for Federal Sustainability in the Next Decade | E.O. 13693; March 19, 2015 | See also Frequent Question |
| Improving Chemical Facility Safety and Security | Executive Order (E.O.) 13650; August 1, 2013 | See also Executive Order on Improving Chemical Facility Safety and Security |
| Greening the Government Through Leadership in Environmental Management | Executive Order (E.O.) 13148 §901; April 22, 2000 | |
| Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements | E.O. 12856; August 3, 1993 | Revoked by E.O. 13148 §901; April 22, 2000 |